Robert Farquharson told police that he coughed and passed out, experiencing a condition called cough syncope, before his car crashed into a dam. His lawyers have indicated that they plan to file a new appeal under a Victorian law introduced in 2019 that allows prisoners to present fresh and compelling evidence in cases where a conviction constitutes a substantial miscarriage of justice. However, the high legal bar set by this law places the burden back on the accused and often requires pro bono legal work due to the imprisonment of the convicted person.
The Academy of Science has advocated for the establishment of a standing tribunal in Australia, similar to those in other countries like New Zealand, the UK, and Norway, which specialize in identifying and investigating possible miscarriages of justice. These bodies have the authority to examine cases with new scientific or other evidence and make recommendations to the courts or the government. In cases like Farquharson’s, where medical evidence of cough syncope could be considered new evidence, a Criminal Cases Review Commission could help determine if the threshold to reopen and re-examine the case has been met.
Recent statistics show that the UK case review commission has referred 657 cases to the court of appeal over 22 years, leading to the quashing of 441 convictions. In Australia, this could translate to around eight or nine wrongful convictions per year. The Innocence Project in the US has overturned over 350 cases due to errors such as false confessions, inaccurate eyewitness evidence, misleading forensic evidence, police misconduct, and inadequate defense.
Efforts to improve the treatment of expert evidence in Australian courts have been proposed, including the introduction of a reliability standard to ensure that only reliable expert evidence is admitted. Currently, experts selected by the prosecution and defense may not always be the most qualified, leading to the inclusion of pseudoscience and junk science in court proceedings. The Australian Academy of Science supports the idea of ensuring that experts are selected for their knowledge and qualifications rather than their courtroom presentation skills.
Arabia, of the Australian Academy of Science, has called for reforms in the justice system to enhance the delivery of justice for all individuals equally. She emphasizes the importance of attorneys-general at the state and federal levels committing to improving the systems to ensure that the most reliable expert evidence is presented in court. While certain states like Victoria and NSW have mechanisms in place to consider scientific evidence and conduct ad hoc inquiries into convictions, there is a need for a more comprehensive approach to address miscarriages of justice.
The Victoria Police involved in the Farquharson case have defended the conviction, stating that they stand behind the rigorous investigation that led to his conviction in 2010. While the government has processes in place to ensure the quality and reliability of forensic evidence presented in court, there are ongoing discussions regarding potential improvements to these processes across various states and jurisdictions. The establishment of a Criminal Cases Review Commission in Australia could help address cases like Farquharson’s and ensure that justice is delivered equitably.
